1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor who has been exempted from the liability shall be exempted from all obligations to the bankruptcy creditors, except dividends pursuant to the bankruptcy procedures.

The exemption here means that the obligation itself continues to exist, but it is not possible to enforce the performance to the bankrupt debtor.

Therefore, when a decision to grant immunity to a bankrupt debtor becomes final and conclusive, the claim exempted shall lose the ability to file a lawsuit (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). The Plaintiff leased KRW 73,00,000 to the Defendant on June 18, 2010, and the Plaintiff’s claim as stated in the purport of the instant claim against the Defendant (hereinafter “instant claim”) exists with the outstanding amount of the above loan, may be acknowledged according to the following: (a) there is no dispute between the parties or according to the evidence as indicated in subparagraphs A through 7, B and 2 (including the number of pages).

However, the Defendant was declared bankrupt on August 25, 2016 by the Incheon District Court 2016Hadan1677, and was granted immunity from immunity on August 31, 2016 by the same court 2016. On August 31, 2016, the decision to grant immunity became final and conclusive on September 20, 2017, and the fact that the instant claim is recorded in the list of creditors in the above bankruptcy procedure can be acknowledged either by a dispute between the parties or by taking into account the overall purport of the pleading in advance evidence.

Therefore, the plaintiff's lawsuit of this case shall be dismissed as it is unlawful because there is no benefit of protection of rights. It is so decided as per Disposition.